Kewal Krishan & Ors vs Rohit Kansal And Others
2022 Latest Caselaw 85 j&K

                                                                       Sr. No. 37



       HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                        AT JAMMU


                                                  CPSW No. 222/2018
                                                  IA No. 1/2018

Kewal Krishan & Ors                                             ....Petitioner (s)

                  Through :- None.


         V/s

Rohit Kansal and Others                                       ....Respondent(s)

                 Through :-   Mr. K. D. S. Kotwal, Dy.AG.


Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                      ORDER

04.02.2022

In this petition the petitioners are seeking initiation of contempt

proceedings against the respondents for willful disobedience and non-

compliance of order dated 05.10.2017 passed in SWP No. 2441/2017, whereby a

direction was issued to the respondents to accord consideration and take

appropriate decision under rules on the representation stated to have been filed

by the petitioners.

The matter came up for consideration on 17.11.2021 when this Court

took note of the plea raised in the statement of facts by the respondents that the

issue with regard to grant of benefit under SRO 149 of 1973 cannot be

considered in view of pendency of SLP No. 2952/2019 pending before Hon'ble

the Supreme Court, wherein the judgment of the Division Bench has been stayed

and directed the respondents to file compliance with regard to other aspects

highlighted in the representation.

2 CPSW 222/2018

Respondents have filed their compliance on 28.01.2022 and have

taken the plea that the other aspects highlighted by the petitioners in their

representation, i.e. promotion and regularization, cannot be considered by the

Estates Department for the reason that pursuant to decision of the Administrative

Council read with Government Order No. 752-JK(GAD) of 2020 dated

10.08.2020 the Engineering Wing ( Technical and Non-Technical) along with 88

posts on the establishment of the Estates Department, have been transferred/

merged with the cadre of the Public Works Department. The respondents have

placed the relevant orders on record as Annexure R-1 and R-2. It is thus

submitted by the respondents that it is now for the Public Works Department to

take any decision in the matter.

In view of the compliance report filed by the Deputy Director Estates

Department, I see no reason to initiate any contempt proceedings against the

respondents. The contempt proceedings are, accordingly closed. It shall,

however, be open for the petitioners to make a representation to the Public

Works Department for consideration and file contempt petition also if required,

after the SLP aforementioned is finally disposed of by Hon"ble the Supreme

Court.

(Sanjeev Kumar) Judge Jammu:

04.02.2022 Sahil T